A/HRC/45/CRP.3
obligation of all States and parties to an armed conflict to protect civilians in accordance
with international humanitarian law.26
19. In December 2019, a proposal by Switzerland to the Assembly of States Parties to
the International Criminal Court to amend the Rome Statute of the Court was adopted, to
now include the starvation of civilians as a war crime in non-international armed conflicts
(see para. 35, below).
II. Mandate
20. In its resolution 31/20 (2016), the Human Rights Council established the
Commission on Human Rights in South Sudan for a period of one year. The Commission
submitted its first report to the Council at its thirty-fourth session (A/HRC/34/63).
21. In its resolution 34/25 (2017), the Human Rights Council extended the mandate of
the Commission for another year, and requested it to continue to monitor and report on
the situation of human rights in South Sudan, to make recommendations to prevent further
deterioration of the situation, and to report and provide guidance on transitional justice,
including reconciliation.
22. The Human Rights Council also requested the Commission to determine and report
the facts and circumstances of, to collect and preserve evidence of, and to clarify
responsibility for alleged gross violations and abuses of human rights and related crimes,
including sexual and gender-based violence and ethnic violence, with a view to ending
impunity and providing accountability. The Council further requested the Commission to
make such information available to all transitional justice mechanisms, including those to
be established pursuant to Chapter V of the Agreement on the Resolution of the Conflict
in South Sudan, including the Hybrid Court for South Sudan, to be established in
cooperation with the African Union.27
23. In its resolution 37/31 (2018), the Human Rights Council extended the mandate of
the Commission for an additional year, and again in its resolutions 40/19 (2019) and 43/27
(2020). The current members of the Commission, appointed by the President of the
Council, are Yasmin Sooka (Chair), Andrew Clapham, and Barney Afako.
24. The Commission is supported by a secretariat based in Juba that conducted missions
to several locations within South Sudan, including Akobo, Bor, and Pibor (Jonglei), Wau
(Western Bahr el Ghazal), and Juba and Yei (Central Equatoria). The Commission met
with a range of victims, witnesses, government officials, members of civil society, and
other key stakeholders.
25. The Commission took more than 140 detailed individual witness statements and has
gathered more than 234 documents, including confidential records, covering incidents
related to acute food insecurity and starvation in South Sudan since December 2013. All
of the evidence collected is preserved in the Commission’s confidential database and
archives.
26. The Commission extends its gratitude to the Government of South Sudan for
facilitating its missions. It also appreciates the assistance and contributions of the African
Union, the United Nations Mission in South Sudan (UNMISS), United Nations agencies,
civil society organisations, and experts.
26
A/RES/74/149 (2019).
In pursuance of its mandate, the Commission collects and preserves evidence that it stores in a database and that it catalogues
by a unique evidence registration number (ERN). Reference is made to these numbers throughout the report so that States may
use them when requesting to consult the evidence.
27
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